CSM Hearing

December 1, 2023

 
 

Download the Notice, Agenda, and New Filings

December 1, 2023 Binder (.zip, 1.8GB)  LARGE FILE ALERT

Witness List

Proposed Consent Calendar

On Friday, December 1, 2023, the Commission on State Mandates (Commission) will conduct its next regular meeting and hearing at 10:00 a.m. Via Zoom.

Statutes 2023, chapter 196 amended the Bagley-Keene Open Meeting Act to extend until December 31, 2023, the authority to hold public meetings through teleconferencing and to make public meetings accessible electronically to all members of the public seeking to observe and to address the state body in order to protect the health and safety of civil servants and the public. The statute further suspended and no longer required until December 31, 2023, the physical presence of members or other personnel of the state body or the public as a condition of participation in or quorum for a public meeting; the identification of each teleconference location from which a member will be participating; the posting of the notice and agenda at each teleconference location; and the ability of the public to address the state body at each teleconference location.

The Commission is committed to ensuring that its public meetings are accessible to the public and that the public has the opportunity to observe the meeting and to participate by providing written and verbal comment on Commission matters. If you want to speak during the hearing, you must use the "Raise Hand" feature in order for our moderators to know you need to be unmuted. If you are participating by phone, you may dial *9 to use the “Raise Hand” feature.

There are two options for joining the meeting via Zoom:

  1. Through the link below you can listen and view through your desktop, laptop, tablet, or smart phone. This will allow you to view documents being shared as well. (You are encouraged to use this option.)

    https://csm-ca-gov.zoom.us/j/85401036494?pwd=2SGc12vnqbjzjlBquoEFjsM41cQIAQ.CNWkxmjEcpmnVuC3

    Passcode: 962313

  2. Through your landline, smart mobile, or non-smart mobile phone, either number works. You will be able to listen to the proceedings but will not be able to view the meeting or any documents being shared.

    +1 216 706 7075 US Toll +1 866 390 1828 US Toll-free

    Conference code: 155007

Please don’t hesitate to reach out to us for help with technical issues at csminfo@csm.ca.gov or 916 323-3562.

The Commission does not currently have the capability to host hybrid meetings, but is working to be able to offer that option for future meetings.

Testimony at the Commission Hearing. If you plan to address the Commission on an agenda item, please notify the Commission Office not later than noon on the Wednesday prior to the hearing. Please also include the names and email addresses of the people who will be speaking for inclusion on the witness list. When calling or emailing, identify the item you want to testify on and the entity you represent. The Commission Chairperson reserves the right to impose time limits on presentations as may be necessary to complete the agenda.

If you plan to file any written document for Commission member review, please note that Commission staff will include written comments filed at least 15 days in advance of the hearing in the Commissioners' hearing binders. Additionally, staff will transmit written comments filed between 15 and five days prior to a meeting to the Commission members, if possible. However, comments filed less than five days prior to a meeting or submitted at the meeting will not be included in the Commissioners' hearing binders. Due to the meeting being remote, in lieu of the commenter providing 12 paper copies of the comments at the meeting for such late filings (Cal. Code Regs., tit. 2, § 1181.10(b)(1)) please file the PDF document or section of the PDF via the Commission’s dropbox at https://www.csm.ca.gov/dropbox.shtml prior to the hearing.

Agenda Materials. Agenda materials are available at the Commission office, located at 980 9th Street, Suite 300, Sacramento, California, 95814 during regular business hours. However, members of the public who have access to the internet are encouraged to obtain these materials online. Please call (916) 323-3562 or email at csminfo@csm.ca.gov for an appointment. All supporting documentation for items on the agenda for the public portion of Commission meetings is available for public inspection on the Commission’s website at https://www.csm.ca.gov/agendas/120123.shtml.

Website. Agenda items are available on the Commission’s website at www.csm.ca.gov. After reaching the site's home page, click on "Hearings" on the top of the page for the hearing agenda. Generally, Commission staff upload the items two weeks before the meeting and they may be accessed from links on the agenda. If an item on this agenda is postponed prior to the meeting, notice will be posted on a revised agenda. Following the meeting, staff will post Commission actions on the Commission’s website and will serve and post the adopted decisions within 10 days of the meeting.

To find the adopted minutes and transcripts of Commission meetings on the website in PDF format, click “Hearings” on the top of the home page.

Reasonable Accommodation. Any person requesting accommodations in accordance with the Americans with Disabilities Act or for language assistance, please contact the Commission office as soon as possible but at least five to seven working days prior to the meeting.

Reminder: Commission staff includes written comments filed at least 15 days in advance of the meeting in the Commissioners' hearing binders. If you plan to testify and would like the Commissioners to review any document not filed 15 days in advance of the hearing, please file the PDF document via the Commission’s dropbox at https://www.csm.ca.gov/dropbox.shtmlprior to the hearing.

I. CALL TO ORDER AND ROLL CALL
 
II. APPROVAL OF MINUTES (action)
Item 1 Minutes Adopted as Amended
October 27, 2023
 
III. PUBLIC COMMENT FOR MATTERS NOT ON THE AGENDA (info)
Please note that the Commission may not take action on items not on the agenda. However, it may schedule issues raised by the public for consideration at future meetings.
 
IV. PROPOSED CONSENT CALENDAR FOR ITEMS PROPOSED FOR ADOPTION ON CONSENT PURSUANT TO CALIFORNIA CODE OF REGULATIONS TITLE 2, ARTICLES 7 AND 8 (action)
If there are no objections to any of the following action items designated by an asterisk (*), the Executive Director will include each one on the Proposed Consent Calendar that will be presented at the hearing. The Commission will determine which items will remain on the Consent Calendar.
 
V. HEARINGS AND DECISIONS PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 2, ARTICLE 7 (GOV. CODE, § 17551, 17557, 17559, and 17570) (action)
 
A. APPEALS OF EXECUTIVE DIRECTOR DECISIONS PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 1181.1(c) (info/action)
Item 2 No Action
Appeal of Executive Director Decisions
 
B. TEST CLAIMS
Item 3
Exhibits

Claimant's Late Comments on the Draft Proposed Decision filed December 1, 2023
Test Claim Denied
Lead Sampling in Schools: Public Water System No. 3710020, 17-TC-03-R

On Remand from City of San Diego v. Commission on State Mandates, Court of Appeal, Third Appellate District, Case No. C092800; Judgment and Writ of Mandate issued by the Sacramento County Superior Court, Case No. 34-2019-80003169-CU-WM-GDS; Permit Amendment No. 2017PA-SCHOOLS, City of San Diego Public Water System No. 3710020, effective January 18, 2017

City of San Diego, Claimant

 
VI. HEARINGS ON COUNTY APPLICATIONS FOR FINDINGS OF SIGNIFICANT FINANCIAL DISTRESS PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 17000.6 AND CALIFORNIA CODE OF REGULATIONS, TITLE 2, ARTICLE 2 (info/action)
 
Item 4 No Action
Assignment of County Application to Commission, a No Action Panel of One or More Members of the Commission, or to a Hearing Officer
Note: This item will only be taken up if an application is filed.
 
VII. INFORMATIONAL HEARING PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 2, ARTICLE 8 (action)
 
A. ADOPTION OF ORDER TO INITIATE RULEMAKING
Item 5*
Exhibits
Order to Initiate Rulemaking Adopted
General Cleanup (Order 23-01), Proposed Amendments to California Code of Regulations, Title 2, Division 2, Chapter 2.5, Articles 1, 3, 4, 5, and 7
 
B. REPORTS (info/action)
Item 6 No Action
Chief Legal Counsel: New Filings, Recent Decisions, Litigation Calendar (info)
Item 7 Strategic Plan 2024-2028 Adopted
Executive Director: Proposed Strategic Plan, Workload Update, and Tentative Agenda Items for the January 2024 and March 2024 Meetings (info/action)